|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 21, 2014||referred to children and families|
senate Bill S6868
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6868 - Details
- See Assembly Version of this Bill:
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §422, Soc Serv L; amd §160.55, CP L; add §4549, CPLR
S6868 - Sponsor Memo
BILL NUMBER:S6868 TITLE OF BILL: An act to amend the social services law, the criminal procedure law and the civil practice law and rules, in relation to assisting and protecting victims of domestic violence, child abuse and child neglect PURPOSE: Relates to assisting and protecting victims of domestic abuse, child abuse and child neglect SUMMARY OF PROVISIONS: Subparagraphs (iv) and (v) of paragraph (a) of subdivision 5 of section 422 of the social services law, as amended by chapter 555 of the laws of 2000, are amended. Subdivision 7 of section 422 of the social services law, as amended by chapter 434 of the laws of 1989, is amended. Subparagraph (i) of paragraph (a) and subparagraphs (i) and (ii) of paragraph (b) of subdivision 69 of section 422 of the social services law as amended by chapter 12 of the laws of 1996 are amended and a new paragraph (f) is added. Paragraph (d) of subdivision 1 of section 160.55 of the criminal procedure law as amended by section 74 of subpart B of part C of chapter 62 of the laws of 2011 is amended.
S6868 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6868 I N S E N A T E March 21, 2014 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, the criminal procedure law and the civil practice law and rules, in relation to assisting and protecting victims of domestic violence, child abuse and child neglect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. Presently, a person convicted of harassment, which is only a violation under the penal law, enjoys an automatic seal on his or her criminal record. Harassment often includes matters of domestic violence. In subsequent proceedings between the victim of the violence and the convicted aggressor, the record of the criminal court, the police arrest and investigation, and the aggressor's conviction, admissions or orders of protection in the criminal matter are not available to the victim to prove that the domestic violence occurred; making it difficult for the victim to protect himself or herself against further aggression or obtain justice in family court or other civil proceedings. This act will allow the victim or victim's representative to obtain a judicial subpoena releasing such record to the family or supreme court. Likewise, where an investigation by child protective services "indi- cates" the abuse or neglect of a child, the state law allows the subject of the report the ability to amend the report to "unfounded" without any notice or opportunity to object to the amendment being given to the victim of the abuse or neglect. As a result, if amended, even by default, the victim or co-parent cannot access the record of the inves- tigation in subsequent family or supreme court proceedings. Further, the person previously "indicated" can use the amended report as a weapon against the opposing party to show that their allegation, or belief in the allegation, was frivolous. Even where the "indicated" finding is properly amended to "unfounded," and the accused was frivolously victim- ized by the allegations of their opposing party, the reporting law shields the identity of the false reporter. This act, therefore, protects the victims of child abuse, child neglect and wrongful accusa- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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